What is the effect of the “proceeds” exception in a will where the testator’s clear intention was to gift the property in specie?

Nova Scotia, Canada


The following excerpt is from Clements Estate (Re), 2007 NSSC 168 (CanLII):

The residuary beneficiaries submit that the “proceeds” exception requires express language in the will indicating an intention to gift the proceeds of sale, rather than the specific asset. As such, it does not apply to the current situation, where the testator’s clear intention was to gift the property in specie. The devisees take the position that the “proceeds” exception does not require an actual reference to “proceeds” in the will, citing Wood Estate v. Arlotti-Wood, supra. They say the insurance proceeds meet the requirement.

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